The High Court · 2025

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in CC No.1200 OF 2021 on the file of XVil cHIEF METROPOLITAN MAGISTRATE at Hyderabad, against the Petitioners/Accused No.1 and 2. l.A. NO: I OF 2021 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in C.C. No.1200 of 2021on the file of XVll Chief Metropolitan Magistrate, at Hyderabad, registered for the offences punishable under section 447, 427, 506 IPC including the appearance of the i I petitioners herein who are Accused No.1 and 2 in .the above case till the disposal of the main Quash Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BHANU MURTHY BALA, Advocate for the Petitioners and the Assistant Public Prosecutor on behalf of the Respondent No.1 and of Sri SRINIVAS MURTHY, Advocate for the Respondent No. 2 and of Sri R SUSHANTH REDDY, Advocate for the Respondent No.3. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRI NAL ION N t'at.39 15 of ()2.1 ORDER: The present criminal petition is Iiled under section 4g2 of cr.P.c, seeking to quash the proceedings against t].e petitioners/accused Nos.r and 2 in c.c.No.12o0 of 2021 on the file of the learned xvII chief Metropolitan Magistrate at Hyderabad (for short, the trial Court).

2. The brief facts of the case are that on 25.11.201g at about 18.30 hours received a joint complaint from the Lws.l and 2 namely Sri C.parameshwara Murthy and sri B.Prabhakar Reddy stated that they are lawful owners of plot Nos.r, 6, 7 and, L2 in Sy.No.321, situated at Shaikpet, Hyderabad, which they acquired through osmania University Employees cooperative Housing Society by registration in the year 2015 and the layout approved by GHMC. From there onwards they are in peaceful possession of the premises, two persons namely omer Khan/accused No.l and shaik Younus Pasha/accused No.2 are trying to grab the plots and damaged the compound wall. Further the LTWs.l and 2 stated that earlier in the month of April, 2olr the above two : i I ! i ,i ,i ! I I I I I I ! I I I I I I I I I I t : i i \ \ 2 persons also tried to grab their plots by doing similar attempts and threatening with dire consequences as they are senior citizens and further they requested to t.ake necessar5r legal action.

3. Basing on the said comptaint, LW.6 - Inspector of Police, Golconda Police Station has registerr:d a case in Crime No.472 of 2Ol8 under Sections 447, 422 and 506 of the Indian Penal Code and took up the investiga.tion.

4. Heard learned counsel for the petitioners. and learned Assistant Public Prosecutor appearing for tho respondent No.1 - State and perused the record.

5. karned counsel appearing for the petitioners would submit that respondent Nos.2 and 3 lodged a complaint against the The police, Golkonda after registering the crime issued 41-A notice upon the petitioners and the petitioners have submitted their reply ctaiming that the subject property is their own property and as such they have not committed any offence as alleged. They were innocent and there is no material to show that the 3 petitioners were present in the land of respondent Nos.2 and 3. They were falsely implicated in the above crime as such, continuation of proceedings against the petitioners herein is nothing but abuse of process of law and. are liable to be quashed.

6. Learned Assistant Public Prosecutor appearing for respondent No.l - State would submit that as many as 8 witnesses have been examined and their statements were also recorded and in any case, the truth could be elicited \ \ only upon conducting thorough trial and interference of this court at this stage is unwarranted. Hence seeks to dismiss \ \ the present criminal petition.

7. Accordingly, this Criminat Petition is disposed of, leaving it open to the learned trial Court to decide the case on its own merits. However, as requested by the learned counsel for the petitioners, the petitioners are at liberty to file an application for discharge before the learned trial Court, in accordance with law, raising the s€rme contentions as raised herein. The appear€rnce of the petitioners is 4 dispensed with, subject to filing an affidavit sta.ting that tJrey will not dispute the proceedings conducted by their counsel in their absence. However, the petitioners shall appear before the learned Magistrate whenever their presence is specifically required. In the event of the petitioners fail to appear as and when directed by the Court, this order dispensing with their appearance shall stand vacated automatically. As a sequel, miscellaneous petitions, if zrny, pending, shall stand closed. SD/-A. JAYASREE ANT REGISTRAR / ,/TRUE COPY/ \ i v SECTION OFFICER To,

1. The XVll Chief Metropolitan Magistrate, at Hyderabad. 2. The Station House Officer, Golconda Police Station, Hy,derabad. 3. One CC to SRI BHANU MURTHY BALA Advocate tOpUCI 4. one CC to SRI SRINIVAS MURTHY Advocate [OpUC] 5. one CC to SRI R SUSHANTH REDDY Advocate topuCl 6. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana, at Hyderabad. [OUT]

7. Two CD Copies GR/PSL Yf HIGH COURT DATED:01t0BtZO2S 4 : ', t_ t l I I I t I I i I , I I I I i I i ORDER CRLP.No.3915 of ZO21 )- 2 4 r{Ett frfi '{ rcHgo t i'r (i: ,l/ DISPOSING OF THE CRIMINAL PETITION 10 &"